Deai All,
I have worked in company over five years and employer has terminated my services without any reason.It was a small company with 15+ workers employed.The employer never granted leave more then twelve for whole five years.He never gave appointment letter to any one.Unfortunately he gave a pay slip for the last month when before he terminated.Salary slip includes the date of joining .I claimed my gratuity after four months of my termination.Please advice if I am eligible for gratuity from the employer.
K.R.Mathur
From India, Delhi
I have worked in company over five years and employer has terminated my services without any reason.It was a small company with 15+ workers employed.The employer never granted leave more then twelve for whole five years.He never gave appointment letter to any one.Unfortunately he gave a pay slip for the last month when before he terminated.Salary slip includes the date of joining .I claimed my gratuity after four months of my termination.Please advice if I am eligible for gratuity from the employer.
K.R.Mathur
From India, Delhi
The Payment of Gratuity Act is applicable to any establishment wherein 10 or more employees are employed, or were employed on any day preceding to twelve months. Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. Hence you are entitled for gratuity under the act provided you have worked 240 days in all these years.
Regards
Rajendra Bhavsar
Manager (P&A)
Afcons Infrastructure Limited
Chennai Metro Rail Project, Chennai.
8754543347.
From India, Mumbai
34Regards
Rajendra Bhavsar
Manager (P&A)
Afcons Infrastructure Limited
Chennai Metro Rail Project, Chennai.
8754543347.
From India, Mumbai
You are entitled to gratuity, but i have a feeling that you are going to find it difficult to get it.
You have no documents relating to the employment.
The only thing you have is 1 single pay slip. I dont know if it is signed and has a stamp or something.
I would not be surprised if the employer claims it is a fake and was never issued by him.
I suspect you are also not paid by cheque.....
However, please send him a letter asking for the gratuity
If he refuses or does not reply, then file an application with the gratuity authority.
He will issue a notice to the employer, and in many cases, that does the trick.
From India, Mumbai
You have no documents relating to the employment.
The only thing you have is 1 single pay slip. I dont know if it is signed and has a stamp or something.
I would not be surprised if the employer claims it is a fake and was never issued by him.
I suspect you are also not paid by cheque.....
However, please send him a letter asking for the gratuity
If he refuses or does not reply, then file an application with the gratuity authority.
He will issue a notice to the employer, and in many cases, that does the trick.
From India, Mumbai
if u want gratuity. ensure first that the pay slip provided states the actual date of joining and you had completed five years. If that is not available try to ensure it by getting the information under RTI from ESIC and PF and then the Controlling Authority. contact at nnayamojiyan@yahoo.com
From India, Pondicherry
From India, Pondicherry
Dear friends,
I think Himandini /KR Mathur should be helped out by all means.
Could you indicate what are all the evidences you have- i.e., how you were paid salary - by cash or cheques or credit to your bank a/cs. And how you were terminated any orders was issued to you. How you can establish your joining time. You attended any interview, any letter or mail or SMS with you? How about your PF a/c. did you office contributed PF to your a/c.?
You immediately file your Gratuity Claim in the Form under acknowledgement and also claim of retrenchment compensation, claim towards leave encashment etc. After a month issue a legal notice thro' an advocate and follow up thro the Competent Authorities.
From India, Bangalore
I think Himandini /KR Mathur should be helped out by all means.
Could you indicate what are all the evidences you have- i.e., how you were paid salary - by cash or cheques or credit to your bank a/cs. And how you were terminated any orders was issued to you. How you can establish your joining time. You attended any interview, any letter or mail or SMS with you? How about your PF a/c. did you office contributed PF to your a/c.?
You immediately file your Gratuity Claim in the Form under acknowledgement and also claim of retrenchment compensation, claim towards leave encashment etc. After a month issue a legal notice thro' an advocate and follow up thro the Competent Authorities.
From India, Bangalore
Dear sir,
I had been issued with Pay slips for few months only as per my requirement which was prepared by me showing date of Joining and other details.My salary was paid in cash in between five years of tenure Thee four Time I have received the payment through cheques.Last salary was paid by cheque.I have been signing ESI & PF challans from beginning itself and all the details in ESI and PF department having my name..This was a small company hence they did not give any letter I was out within a moment and salary was paid after fifteen days.No Termination or legal notice was served to me.All mails Which I made from office to various buyers and vendors consists my name.
Thanks
KR Mathur
From India, Delhi
I had been issued with Pay slips for few months only as per my requirement which was prepared by me showing date of Joining and other details.My salary was paid in cash in between five years of tenure Thee four Time I have received the payment through cheques.Last salary was paid by cheque.I have been signing ESI & PF challans from beginning itself and all the details in ESI and PF department having my name..This was a small company hence they did not give any letter I was out within a moment and salary was paid after fifteen days.No Termination or legal notice was served to me.All mails Which I made from office to various buyers and vendors consists my name.
Thanks
KR Mathur
From India, Delhi
Your occasional salary in cheque is no use in this case
First few months salary clip being ther again is of use if it was signed by your employer and company seal put. If not, then well, again he can claim its a fake.
Further, having salary slip for few months, he can claim that you left after that or that there was a service break in the middle.
Your pf records will be of use as there will be proof of your working continuous for 5 years. But how did your company have pf when there are only 15 people ?
From India, Mumbai
First few months salary clip being ther again is of use if it was signed by your employer and company seal put. If not, then well, again he can claim its a fake.
Further, having salary slip for few months, he can claim that you left after that or that there was a service break in the middle.
Your pf records will be of use as there will be proof of your working continuous for 5 years. But how did your company have pf when there are only 15 people ?
From India, Mumbai
Dear Sir,
Actually when we registered for EPF the strength of company was over twenty and now strength is less.My Provident Fund was not deducted being Higher basic Pay then eligibility.I had been signing all Challans for depositing amount in the bank as well as in form 9 which was submitted to EPF department.
Thanks,
KR Mathur
From India, Delhi
Actually when we registered for EPF the strength of company was over twenty and now strength is less.My Provident Fund was not deducted being Higher basic Pay then eligibility.I had been signing all Challans for depositing amount in the bank as well as in form 9 which was submitted to EPF department.
Thanks,
KR Mathur
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf